Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19530 CRL.P No. 862 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 862 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SRI MUNIRAJ, W/O LATE CHANNIGAIAH, AGED 75 YEARS, R/AT NEAR JAYADEVA HOSTEL, JUNJAPPA STREET, NELAMANGALA TOWN, BENGALURU RURAL, BENGALURU – 562 123.
2.
SMT. JAYAMMA, W/O MUNIRAJ, AGED 65 YEARS, R/AT NEAR JAYADEVA HOSTEL, JUNJAPPA STREET, NELAMANGALA TOWN, BENGALURU RURAL, BENGALURU – 562 123.
3.
SMT. SARASWATHI W/O CHANDRASHEKAR AGED 40 YEARS, R/AT BHAIRASHETTIHALLI, GOLLAHALLI POST, NELAMANGALA TOWN, BENGLAURU RURAL, BENGALURU – 562 123
4.
SRI CHANDRASHEKAR, S/O RANGAPPA, AGED 48 YEARS, R/AT BHAIRASHETTIHALLI, GOLLAHALLI POST, NELAMANGALA TOWN, BENGALURU RURAL, BENGLAURU – 562 123. …PETITIONERS (BY SRI. K B K SWAMY, ADVOCATE)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:19530 CRL.P No. 862 of 2024
AND:
1.
STATE OF KARNATAKA, BY TUMKUR WOMEN POLICE, TUMKUR CITY, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
2.
SMT. MENAKA J., S/O VIJAY KUMAR, AGED 33 YEARS, R/AT VIRUPASANDRA, HULENAHALLI POST, TUMAKURU TALUK AND DISTRICT TUMAKURU – 572 101 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
R2 - SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN RESPECT OF PETITIONERS / ACCUSED NO.2 TO 5 IN C.C.NO.526/2023 (CR.NO.165/2023) REGISTERED BY TUMAKURU WOMEN POLICE STATION, TUMAKURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, PENDING ON THE FILE OF HON’BLE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU AND CONSEQUENTLY PASS SUCH OTHER ORDERS AS DEEMS FIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:
“Wherefore, it is mostly humbly prayed that this Hon’ble Court be pleased to quash the entire proceedings,
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HC-KAR NC: 2025:KHC:19530 CRL.P No. 862 of 2024
in respect of petitioners/accused No.2 to 5, in C.C.No.526/2023 (Crime No.165/2023) registered by Tumakuru Women Police Station, Tumakuru for the offences punishable under Section 498A, 323, 504, 506 read with Section 34 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act, pending on the file of Hon’ble 2nd Additional Senior Civil Judge and JMFC, Tumakuru and consequently, pass such other orders as deem fit in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.
3. Though respondent No.2 is served with notice, she has remained unrepresented and has not chosen to contest this petition.
4. A perusal of the material on record will indicate that respondent No.2 is the wife of Vijayakumara/accused No.1, who is none other than son of petitioner Nos.1 and 2/accused Nos.2 and 3 as well as brother in law and sister in law/accused Nos.3 and 4 against whom respondent No.2 filed a compliant dated 10.08.2023 alleging offences punishable under Sections 498A, 323, 504, 506, 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. In pursuance of the same, respondent No.1 – Police registered FIR
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HC-KAR NC: 2025:KHC:19530 CRL.P No. 862 of 2024
in Crime No.165/2023 and filed the charge sheet dated 20.09.2023, which is currently pending in C.C.No.526/2023 on the file of II Additional Senior Civil Judge and JMFC, Tumakuru. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition.
5. Accordingly, I proceed to pass the following:
ORDER
i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.526/2023 arising out of Crime No.165/2023 on the file of II Additional Senior Civil Judge and JMFC, Tumakuru insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS; List No.: 2 Sl No.: 2